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BELL v. CITY OF TOPEKA

No. 49,299

224 Kan. 147 (1978)

577 P.2d 1193

REX K. BELL, et al., Appellee, v. CITY OF TOPEKA, et al., Appellants.

Supreme Court of Kansas.

Opinion filed May 6, 1978.

Attorney(s) appearing for the Case

Richard E. Jones, assistant city attorney, argued the cause, and Dan E. Turner, city attorney, was with him on the brief for the appellant.

John E. Stumbo, of Stumbo, Stumbo, Palmer, McCallister & Buening, of Topeka, argued the cause, and Gary D. McCallister, of the same firm, was with him on the brief for the appellees.

The opinion of the court was delivered by

MILLER, J.:

This is the second appearance in this court of this action, brought by Bell and other property owners against the City of Topeka to enjoin the City from enforcing certain ordinances levying and assessing part of the cost of improving Burlingame Road against the real estate within a benefit district. We sustained the positions taken by the landowners, reversed the judgment below, and remanded the case for...

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